[Federal Register: April 21, 2009 (Volume 74, Number 75)]
[Rules and Regulations]
[Page 18118-18121]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21ap09-5]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-0360; Directorate Identifier 2009-NM-039-AD;
Amendment 39-15887; AD 2009-09-01]
RIN 2120-AA64
Airworthiness Directives; Airbus Model A318, A319, A320 and A321
Series Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for comments.
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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:
During a routine inspection on an Airbus A321 aircraft, the
operator discovered that a bearing of the flap track No. 1 pendulum
assembly had migrated out of position. * * * This condition, if not
corrected, could lead to separation of the bearing/flap track
assembly, resulting in the detachment of the affected flap surface
from the wing and consequent loss of control of the aircraft.
* * * * *
This AD requires actions that are intended to address the unsafe
condition described in the MCAI.
DATES: This AD becomes effective May 6, 2009.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of May 6, 2009.
We must receive comments on this AD by May 21, 2009.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Examining the AD Docket
You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (telephone (800) 647-5527) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.
FOR FURTHER INFORMATION CONTACT: Tim Dulin, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
[[Page 18119]]
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2141; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Discussion
The European Aviation Safety Agency (EASA) which is the Technical
Agent of the Member States of the European Community, has issued EASA
Airworthiness Directive 2009-0025, dated February 10, 2009 [Corrected
February 11, 2009] (referred to after this as ``the MCAI''), to correct
an unsafe condition for the specified products. The MCAI states:
During a routine inspection on an Airbus A321 aircraft, the
operator discovered that a bearing of the flap track No. 1 pendulum
assembly had migrated out of position. The investigation has
confirmed that the pendulum bearing migration was probably due to
the methods used during in-service replacement of the bearing during
maintenance, whereby the necessary special tools, fixtures and
equipment were not used. This condition, if not corrected, could
lead to separation of the bearing/flap track assembly, resulting in
the detachment of the affected flap surface from the wing and
consequent loss of control of the aircraft.
For the reasons described above, this AD requires a one-time
inspection of the affected flap track No.1 pendulum assembly for
bearing migration and, in case any bearing is found to have
migrated, the replacement of the affected flap track pendulum
assembly.
Note: Based on this in-service experience, showing the potential
safety effect of not following the TC Holder's accomplishment
instructions, Airbus has removed the instructions to replace the
bearing in the pendulum assembly from the A320 Family aircraft
maintenance documentation. Component Maintenance Manual (CMM)
references are 27-54-43 for the A318, A319 and A320, and 27-54-42
for the A321.
If no migration is found during the one-time inspection for migration,
the required actions include an inspection for correct swaging of the
spherical bearing in the No.1 flap track pendulum assembly. If the
bearing is found incorrectly swaged, the corrective actions include
contacting Airbus for repair instructions and doing the repair. You may
obtain further information by examining the MCAI in the AD docket.
Relevant Service Information
Airbus has issued Service Bulletin A320-57-1144, including Appendix
01, Revision 01, dated June 18, 2007; and Service Bulletin A320-
57A1146, including Appendix 01, dated September 21, 2007. The actions
described in this service information are intended to correct the
unsafe condition identified in the MCAI.
FAA's Determination and Requirements of This AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are issuing this AD because we
evaluated all pertinent information and determined the unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
Differences Between the AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
We might also have required different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the AD.
FAA's Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because of
the possible separation of the bearing and flap track assembly,
resulting in the detachment of the affected flap surface from the wing
and consequent loss of control of the airplane. Therefore, we
determined that notice and opportunity for public comment before
issuing this AD are impracticable and that good cause exists for making
this amendment effective in fewer than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2009-0360; Directorate
Identifier 2009-NM-039-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
those comments.
We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
For the reasons discussed above, I certify this AD:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
[[Page 18120]]
Adoption of the Amendment
0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new AD:
2009-09-01 Airbus: Amendment 39-15887. Docket No. FAA-2009-0360;
Directorate Identifier 2009-NM-039-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective May 6,
2009.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Airbus Model A318-111, A318-112, A318-
121, A318-122, A319-111, A319-112, A319-113, A319-114, A319-115,
A319-131, A319-132, A319-133, A320-111, A320-211, A320-212, A320-
214, A320-231, A320-232, A320-233, A321-111, A321-112, A321-131,
A321-211, A321-212, A321-213, A321-231, and A321-232 airplanes;
certificated in any category; except airplanes identified in
paragraph (c)(1), (c)(2), (c)(3), or (c)(4) of this AD.
(1) Any airplane for which the date of issuance of the original
French or German airworthiness certificate or the date of issuance
of the original French or German export certificate of
airworthiness, is after February 24, 2009 (the effective date of
European Aviation Safety Agency (EASA) Airworthiness Directive 2009-
0025 [Corrected: February 11, 2009]).
(2) Any airplane for which it can be positively determined from
records review that the bearing of any pendulum assembly has not
been replaced or re-swaged since the date of issuance of the
original French or German airworthiness certificate or the date of
issuance of the original French or German export certificate of
airworthiness.
(3) Any airplane inspected prior to the effective date of this
AD in accordance with Airbus Service Bulletin A320-57A1146, dated
September 21, 2007 (for Model A318, A319 and A320 series airplanes);
or in accordance with Airbus Service Bulletin A320-57A1144, dated
February 6, 2007, or A320-57-1144, Revision 01, dated June 18, 2007
(for Model A321 series airplanes), and on which it can be positively
determined from a records review that thereafter no replacement with
a pendulum assembly whose bearing has been replaced or re-swaged
since new manufacture was performed.
(4) Any airplane inspected prior to the effective date of this
AD in accordance with Airbus Service Bulletin A320-57A1146, dated
September 21, 2007 (for Model A318, A319 and A320 series airplanes);
or in accordance with Airbus Service Bulletin A320-57A1144, dated
February 6, 2007, or A320-57-1144, Revision 01, dated June 18, 2007
(for Model A321 series airplanes), and on which it can be positively
determined from a records review that thereafter no pendulum bearing
replacement or re-swaging was performed.
Subject
(d) Air Transport Association (ATA) of America Code 57: Wings.
Reason
(e) The mandatory continued airworthiness information (MCAI)
states:
During a routine inspection on an Airbus A321 aircraft, the
operator discovered that a bearing of the flap track No.1 pendulum
assembly had migrated out of position. The investigation has
confirmed that the pendulum bearing migration was probably due to
the methods used during in-service replacement of the bearing during
maintenance, whereby the necessary special tools, fixtures and
equipment were not used. This condition, if not corrected, could
lead to separation of the bearing/flap track assembly, resulting in
the detachment of the affected flap surface from the wing and
consequent loss of control of the aircraft.
For the reasons described above, this AD requires a one-time
inspection of the affected flap track No.1 pendulum assembly for
bearing migration and, in case any bearing is found to have
migrated, the replacement of the affected flap track pendulum
assembly.
Note: Based on this in-service experience, showing the potential
safety effect of not following the TC Holder's accomplishment
instructions, Airbus has removed the instructions to replace the
bearing in the pendulum assembly from the A320 Family aircraft
maintenance documentation. Component Maintenance Manual (CMM)
references are 27-54-43 for the A318, A319 and A320, and 27-54-42
for the A321.
If no migration is found during the one-time inspection for
migration, the required actions include an inspection for correct
swaging of the spherical bearing in the No.1 flap track pendulum
assembly. If the bearing is found incorrectly swaged, the corrective
actions include contacting Airbus for repair instructions and doing
the repair. You may obtain further information by examining the MCAI
in the AD docket.
Actions and Compliance
(f) Unless already done, do the following actions:
(1) Within 600 flight hours after the effective date of this AD,
inspect for migration, and correct swaging as applicable, of the
pendulum assembly of flap track number 1 in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A320-57A1146,
dated September 21, 2007 (for Model A318, A319 and A320 series
airplanes); or in accordance with the Accomplishment Instructions of
Airbus Service Bulletin A320-57-1144, Revision 01, dated June 18,
2007 (for Model A321 series airplanes).
(i) If the bearing of the pendulum assembly of flap track number
1 is found to have migrated, before further flight, replace the
affected pendulum assembly with a new pendulum assembly, in
accordance with the Accomplishment Instructions of Airbus Service
Bulletin A320-57A1146, dated September 21, 2007 (for Model A318,
A319 and A320 series airplanes); or in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A320-57-1144,
Revision 01, dated June 18, 2007 (for Model A321 series airplanes).
(ii) If the bearing of the pendulum assembly of flap track
number 1 is incorrectly swaged, before further flight, contact
Airbus for repair instructions and accomplish the repair.
(2) After the effective date of this AD, no person shall replace
the bearing in the pendulum assembly of the flap track or install a
pendulum assembly, unless:
(i) The pendulum assembly is of new manufacture, or
(ii) It can be positively determined from a records review that
the bearing of the pendulum assembly has not been replaced or re-
swaged since new.
(3) Accomplishment of the actions required by paragraph (f)(1),
(f)(2), and (f)(3) of this AD, before the effective date of this AD
in accordance with Airbus Service Bulletin A320-57A1144, dated
February 6, 2007, is acceptable for compliance with the
corresponding requirements of paragraph (f) of this AD for Airbus
Model A321 series airplanes.
FAA AD Differences
Note 1: This AD differs from the MCAI and/or service information
as follows: No differences.
Other FAA AD Provisions
(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to ATTN: Tim
Dulin, Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington
98057-3356; telephone (425) 227-2141; fax (425) 227-1149. Before
using any approved AMOC on any airplane to which the AMOC applies,
notify your principal maintenance inspector (PMI) or principal
avionics inspector (PAI), as appropriate, or lacking a principal
inspector, your local Flight Standards District Office.
(2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
(3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act,
[[Page 18121]]
the Office of Management and Budget (OMB) has approved the
information collection requirements and has assigned OMB Control
Number 2120-0056.
Related Information
(h) Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2009-0025, dated February 10, 2009; Airbus Service
Bulletin A320-57-1144, Revision 01, dated June 18, 2007; and Airbus
Service Bulletin A320-57A1146, dated September 21, 2007, for related
information.
Material Incorporated by Reference
(i) You must use Airbus Service Bulletin A320-57A1146, including
Appendix 01, dated September 21, 2007; or Airbus Service Bulletin
A320-57-1144, including Appendix 01, Revision 01, dated June 18,
2007; as applicable; to do the actions required by this AD, unless
the AD specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact
Airbus, Airworthiness Office--EAS, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5
61 93 44 51; e-mail: account.airworth-eas@airbus.com; Internet
http://www.airbus.com.
(3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at
the FAA, call 425-227-1221 or 425-227-1152.
(4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on April 8, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-8982 Filed 4-20-09; 8:45 am]
BILLING CODE 4910-13-P